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Matter of Mix Centre, Ltd. v. Butler

Appellate Division of the Supreme Court of New York, First Department
Nov 9, 1995
221 A.D.2d 182 (N.Y. App. Div. 1995)

Opinion

November 9, 1995

Appeal from the Supreme Court, New York County (Walter Tolub, J.).


The award was properly vacated pursuant to CPLR 7511 (b) (2) (ii) since respondent was not bound by an arbitration clause or designation of an agent for service of process contained in an agreement that was not signed by him, or anyone else other than petitioner, and did not even mention his name. Nor did respondent participate in the arbitration hearing when an attorney appeared on his behalf and did nothing more than request an adjournment ( see, Matter of Fair v Continental Ins. Co., 203 A.D.2d 364; Matter of IMG Publ. [Viesti], 170 A.D.2d 268).

Concur — Sullivan, J.P., Ellerin, Wallach, Asch and Tom, JJ.


Summaries of

Matter of Mix Centre, Ltd. v. Butler

Appellate Division of the Supreme Court of New York, First Department
Nov 9, 1995
221 A.D.2d 182 (N.Y. App. Div. 1995)
Case details for

Matter of Mix Centre, Ltd. v. Butler

Case Details

Full title:In the Matter of MIX CENTRE, LTD., Appellant, v. DURRON M. BUTLER…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Nov 9, 1995

Citations

221 A.D.2d 182 (N.Y. App. Div. 1995)
633 N.Y.S.2d 157

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